Foreign Judgments

Author : Andreas A. Frischknecht
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186352
Total Pages : 461 pages
Book Rating : 4.55/5 ( download)

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Download or read book Enforcement of Foreign Arbitral Awards and Judgments in New York written by Andreas A. Frischknecht and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merely obtaining a favorable arbitral award or judgment at the end of a dispute holds little value unless the prevailing party is able to enforce it. This book, more thoroughly than any other source, shows practitioners how to navigate the relevant laws in New York—a leading global financial center known for its pro-enforcement policies and the powerful discovery tools it makes available to creditors. No other resource explores the current state of the law in New York as comprehensively as this book. Beyond its sheer practical significance given the likelihood of debtors having assets in (or routing U.S. dollar transactions through) New York, this book provides creditors and their counsel with the critical information they need to define their global enforcement strategy and facilitate their enforcement efforts not only in New York but potentially worldwide. Among the issues and topics that the book tackles are the following: • review of the fundamentals of U.S. practice and procedure for non–New York practitioners; • easy to understand, jargon-free explanation of the often daunting state and federal procedures for enforcement; • up-to-date, clear presentation of the relevant case law, including key state and federal decisions; • explanation of how state and federal laws intersect with international law; • review of significant recent developments impacting a creditor's ability to reach foreign defendants and their assets outside the U.S. in post-judgment execution proceedings; and • comprehensive advice on the practicalities of executing a judgment. Given the critical role New York plays in a host of cross-border transactions and its status as a hub for worldwide judgment and award enforcement, the demand to better understand the laws and judicial system within the state has never been higher. This comprehensive yet practical guide to navigating award and judgment enforcement in New York provides the understanding both the basics and the nuances in this area that is critical for any domestic or international practitioner when advising a client as to the likelihood of collection in or through New York.

Author : Dan Honig
Publisher : Oxford University Press
ISBN 13 : 0190672471
Total Pages : 240 pages
Book Rating : 4.78/5 ( download)

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Download or read book Navigation by Judgment written by Dan Honig and published by Oxford University Press. This book was released on 2018-03-29 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign aid organizations collectively spend hundreds of billions of dollars annually, with mixed results. Part of the problem in these endeavors lies in their execution. In Navigation by Judgment, Dan Honig argues that high-quality implementation of foreign aid programs often requires contextual information that cannot be seen by those in distant headquarters. Drawing on a novel database of over 14,000 discrete development projects across nine aid agencies and eight paired case studies of development projects, Honig shows that aid agencies will often benefit from giving field agents the authority to use their own judgments to guide aid delivery. This "navigation by judgment" is particularly valuable when environments are unpredictable and when accomplishing an aid program's goals is hard to accurately measure. Highlighting a crucial obstacle for effective global aid, Navigation by Judgment shows that the management of aid projects matters for aid effectiveness.

Author : Peter R. Barnett
Publisher : Oxford Private International L
ISBN 13 : 9780199243396
Total Pages : 432 pages
Book Rating : 4.95/5 ( download)

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Download or read book Res Judicata, Estoppel, and Foreign Judgments written by Peter R. Barnett and published by Oxford Private International L. This book was released on 2001 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely:(i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgmentsrecognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed HagueConvention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and technical doctrines of res judicata and abuse of process are well known in the context of domestic judicial decisions, little has hitherto been written analysing how these doctrines apply when the judgment emanates from a foreign court. It is not surprising, therefore, thatthis area of law has been frequently confused and mis-applied. And yet the recognition of foreign judgments for preclusive purposes is an increasingly important area for practitioners and academics - especially for those interested in international commercial litigation, and not least given theimportant treaty developments that are occurring. For these reasons, this book is a very timely work. Written with a practitioner focus, it includes extensive references to res judicata authorities in the United Kingdom, Australia and Canada.

Author : Michael Howard
Publisher : CRC Press
ISBN 13 : 1317659287
Total Pages : 504 pages
Book Rating : 4.80/5 ( download)

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Download or read book Foreign Currency written by Michael Howard and published by CRC Press. This book was released on 2016-07-22 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currency fluctuation, currency wars and even potential currency collapse (the Euro, the Bitcoin) are all risks that commercial parties must consider and guard against. This book gathers together in one volume all the information and advice practitioners are likely to need when advising on, advancing or defending claims involving a foreign currency element. The determination of the proper currency (or currencies) of a claim often has a dramatic effect on the level of a court judgment or arbitration award that is ultimately obtained. It is, therefore, vital for practitioners to accurately assess claims which involve a foreign currency element. The authors guide the reader through the legal principles governing how foreign currency claims are treated in English law. The book covers both the treatment of foreign currency in substantive law as well as such procedural matters as how to claim interest correctly on a foreign currency claim and how to plead, prove or disprove the applicability of a particular currency. This book is an invaluable and essential resource for all lawyers involved in international commerce, but will be of particular interest to those engaged in international finance, commodity transactions, international shipping and transport, and the insurance of assets and liabilities abroad. "Those who practise in this country need guidance in navigating the tricky waters that The Despina R unleashed. This excellent book provides that guidance." The authors "have been uniquely well placed to meet the challenge of analysing what is a perplexing body of jurisprudence, and to suggest principled answers to currency issues that have not yet been the subject of judicial decision. They consider not merely claims in contract and tort, but every type of claim that might raise an issue in relation to a foreign currency." The Rt Hon. The Lord Phillips of Worth Matravers, KG, PC, President of the Supreme Court of the United Kingdom, 2009-2012

Author : Dennis Campbell
Publisher :
ISBN 13 : 9780421480407
Total Pages : pages
Book Rating : 4.08/5 ( download)

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Download or read book International Execution Against Judgment Debtors written by Dennis Campbell and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Adrian Briggs
Publisher : CRC Press
ISBN 13 : 1317566564
Total Pages : 2008 pages
Book Rating : 4.64/5 ( download)

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Download or read book Civil Jurisdiction and Judgments written by Adrian Briggs and published by CRC Press. This book was released on 2015-06-12 with total page 2008 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a fully updated sixth edition, this book is an established treatise in the field of civil jurisdiction and judgments. It states, analyses, illuminates and evaluates the law of civil jurisdiction and the enforcement of foreign judgments in English law, with this new edition taking into account the implications of the new Brussels I Regulation recast, Regulation (EU) 1215/2012, as well as the great number of developments in the case law which have taken place since 2009. This book looks in detail at the jurisdictional rules put in place by the (recast) Brussels I Regulation the common law rules of jurisdiction the principles according to which that jurisdiction will or will not be exercised the extent to which proceedings before a foreign court may be assisted or impeded obtaining interim and interlocutory relief recognition and enforcement of foreign judgments This text is an authoritative and comprehensive reference for all legal professionals working in commercial law across jurisdictions.

Author : Richard Frimpong Oppong
Publisher : Cambridge University Press
ISBN 13 : 0521199697
Total Pages : 559 pages
Book Rating : 4.98/5 ( download)

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Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.

Author : B International Business Law Consortium
Publisher : Lulu.com
ISBN 13 : 1411672577
Total Pages : 582 pages
Book Rating : 4.74/5 ( download)

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Download or read book International Enforcement of Foreign Judgments written by B International Business Law Consortium and published by Lulu.com. This book was released on 2006 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this directory is to briefly explain and summarise in an easy to follow question and answer format the law and procedures on enforcement of foreign civil and commercial judgments in key jurisdictions around the world. It is not intended to specifically cover family law or arbitration although in some instances references are made to relevant conventions and regulations in these areas. The jurisdictions and the corresponding questions and answers are set out alphabetically.

Author : Paul J. Omar
Publisher : Routledge
ISBN 13 : 1351750674
Total Pages : 109 pages
Book Rating : 4.77/5 ( download)

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Download or read book Procedures to Enforce Foreign Judgments written by Paul J. Omar and published by Routledge. This book was released on 2017-11-22 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002: Within Europe and beyond, foreign judgement enforcement is now an essential component for the development of international commerce. This indispensable volume traces and analyzes steps and procedures for the enforcement of foreign judgements in national courts, including summarizing the principles which are the preconditions for that enforcement.

Author : Robert E. Lutz
Publisher : Cambridge University Press
ISBN 13 : 9780521858748
Total Pages : 660 pages
Book Rating : 4.47/5 ( download)

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Download or read book A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad written by Robert E. Lutz and published by Cambridge University Press. This book was released on 2007 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description